Sec. 1201.551. DENIAL OF LICENSE; DISCIPLINARY ACTION. (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder:
(1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter;
(2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium;
(3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later;
(4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission;
(5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code;
(6) failed to provide or file a report required by the department for the administration or enforcement of this chapter;
(7) provided false information on an application, report, or other document filed with the department;
(8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing;
(9) failed to file a bond or other security for each location as required by Subchapter C;
(10) has had another license issued by this state revoked or suspended; or
(11) failed to pay the required fee to obtain or renew a license.
(b) The director may suspend or revoke a license if, after receiving notice of a claim, the license holder or the license holder's surety fails or refuses to pay a final claim paid under the manufactured homeowner consumer claims program for which demand for reimbursement was made.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 38, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 61, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 70, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle C - Regulation of Certain Types of Housing and Buildings
Chapter 1201 - Manufactured Housing
Subchapter L. Disciplinary Procedures
Section 1201.551. Denial of License; Disciplinary Action
Section 1201.552. License Revocation, Suspension, or Denial; Hearing